Dappula De Livera had an ignominious exit as Sri Lanka’s Attorney General on Friday (21) when his case against gun-runner Nissanka Senadhipathi and seven others fell flat and all defendants were acquitted by the Special Permanent High Court at Bar in Colombo.
AG De Livera indicted Senadhipathi and six others on 7573 counts for illegal possession of 816 firearms aboard the MV Avant Garde. The 7573 indictments are among the 27,000 indictments De Livera said he had filed during his tenure as Chief Prosecutor of the state.
But soon after the indictments were filed, the Permanent High Court at Bar ruled that only 19 counts could be heard at trial.
Avant Garde boss Nissanka Senadhipathi with then Defence Secretary Gotabaya
Senadhipathi is a key player in the Nandasena Gotabaya Rajapaksa regime and a major financier of the ruling party. Since President Gotabaya Rajapaksa was elected President, Senadhipathi – still a criminal indicted by the Attorney General and out on bail – and his company Avant Garde were handpicked for ad hoc government contracts. Since Gotabaya Rajapaksa’s election, Senadhipathi was given thousands of acres of land for a maize growing project, and Avant Garde collaborated with the Justice Ministry to “rehabilitate prison inmates”. Avant Garde also became the sole agent of the Government’s repatriation racket for Sri Lankans overseas during the Covid-19 airport shutdown. All Sri Lankan embassies were authorized to register citizens for travel on the basis that their tickets were purchased and hotel accommodations were made through Avant Garde. The tickets were often exorbitantly priced.
With his acquittal in the criminal case, Senadhipathi is now free to engage in the business of government with even more fervour.
The case was taken up before the Colombo High Court Trial-at-Bar bench comprising High Court Judges Adithya Patabendi, Manjula Thilakarathne and Mahen Weeraman.
The verdict was unanimous that the AG had failed to prove that Senadhipathi was in possession of weapons without a valid licence. The three judge bench ruled that the ship had appeared to have a valid license to possess firearms and ammunition, and the plaintiff had failed to prove the document was a forgery.
Accordingly, the three-judge panel ruled that the ship appeared to have a valid license to possess firearms and ammunition and that the plaintiff had failed to prove that the license was a forgery.
High Court Judge Aditya Patabendige said the prosecution should have been “more careful” in prosecuting the arsenal, because it had been “established on a policy decision by the Government.”
Senior State Counsel Janaka Bandara, Attorney-at-Law Shakthi Jagoda Arachchi and Attorney-at-Law Akila Dalpadadu appeared for the Attorney General.
President’s Counsel Sampath Mendis, President’s Counsel Kuvera de Zoysa, President’s Counsel Ajith Pathirana, Senior Counsel Gamini Alwis, Attorney-at-Law Sanjaya Ariyadasa, Attorney-at-Law Asela Serasinghe, Attorney-at-Law Iresh Seneviratne and Attorney-at-Law Harith Hettiarachchi appeared for the defence.(By Chinthika De Silva)
hanchopancha / May 22, 2021
It was a foregone conclusion the day Nandasena was declared the President. The Judiciary of Srilsnka evaporated into thin air.
/
leelagemalli / May 22, 2021
Hp,
the reason should be the sinhala genetics. Our people would not care much about LAW AND ORDER… so long their selfish gains are gotten by any means. How can they be like that after taking their LICENCEs to practise the profession, as sworn in ? Look at how they in Brazil reacts, our Bolsonaro would have the chances in self-made indifferent society, even if innocient people fall dead in the days to come, due to lack bitch s sons total ignorance and arrogance. What should be arrogant, knowing entire world today compares ballige puthas with the worst possible leaders…. no image at all. how would they answer UNHRC in June is questionable.
/
Plato / May 22, 2021
—- The AG. had filed 27,000 indictments during his tenure.
IMPRESSIVE!
—– In this Gun-Smuggling case alone, he had indictments on 7573 counts.
IMPRESSIVE!
But alas, only 19 counts were taken up by the Permanent High-Court-At- Bar. ie: 0.25%
So the judges have made a Mountain look like a Mole-Hill!
——After trial Nissanka Senadhipathi goes home,with a spring in his step, to continue with his Mega-Projects. Would he be made a Deshamanya?
It appears that the AG WANTED TO SHOW progress on the no: of Indictments that he had filed to keep abreast with the no:Infected with the Corona Virus!
So, in effect he was competing with the Head of State!
Sad: at the end of the day he resembles several tragic heroes of Shakespeare rolled into one:
Gloomy like Hamlet,Jealous like Othello,betrayed like like Julius Caesar and ranting like King Lear;
Sad again. But not all the onions in the country can help produce a single tear for him.
Anyway, I wish him well in retirement. Plato is not a malicious guy.
/
Manel Fonseka / May 24, 2021
Plato
May I suggest you Google
“Sandesaya founder J.”
when you have an idle moment?
/
Plato / May 24, 2021
Thank you Manel.
I have read all about your distinguished dad. The endorsement of Prof: Marrs, that JV was a blend of the East and the West was prophetic, not only as a Linguist, but also in his personal life.
I should say that he has had a premature death at 71!
The pull factor towards relocating to his land of birth after more than 20yrs in the UK is itself proof for the love for his Sinhala Language. Great.
In a way travelling by Tube, day in and day out, itself is rather boring. But, it was the Tube that was responsible for the bondage with your Mum!
I note that May.30th would be the 113th Birth Anniversary of a true son of this country.
You have justifiable reason to be proud of being the daughter of J.V. Fonseka.
Cheers.
/
Manel Fonseka / May 24, 2021
Oh dear, Plato!
Thank you for reading it but I shd have asked you not to reveal the subject here. Hopefully DS wont pick it up.
—-
Actually, he was born on 29/5 & died on 30/5. His wife, amazing person in her own right, in London, in her own home, will be 102 on 2/6. More likely to see the end of C-19 than her eldest daughter.
/
Manel Fonseka / May 25, 2021
Plato — I rather liked the idea that DS assumed MF to be a pseudonym. And a rather unimaginative one at that.
/
Lasantha Pethiyagoda / May 22, 2021
While most commentators here will ridicule the verdict as biased and in favour of the government in power, the real danger in these kinds of “Nidos Koter Nidahas” verdicts that have the tendency to undermine the judicial system in Sri Lanka is that the more frequently they occur, the more normal it would start to seem. Therein lies the danger. Donald Trump’s foreign policy and racist ideology soon became normalized in the US whereas they were grossly unethical and bordered on illegality. Sri Lanka should not become a state where the people’s supremacy is undermined by institutional failures.
/
leelagemalli / May 22, 2021
Exactly the truth Lasantha. People have no idea about the danger before them. Our sinhalaya would never learn it. Even if they would be beaten again and again, … even next possible elections, they would not take it serious….. myths and lies guide them… those who capitalize are Rajapakshes. I really dont know why.. even it is worth wasting commenting on the topics thinking that would help some.
/
Ajith / May 22, 2021
They came to power to clear all criminals from who were charged on their bribes, corruption and murders in the court. 69 million people said that they wanted those criminals to continue them to do more crimes and rob the nation as much as then as long as they kill or torture or arrest more Tamils and Muslims who voice against bribe or corruption or murder. It is a crime now anyone who are against to the corruption, bribe or murder by one king family is a crime under the law and constitution.
/
Ashan / May 22, 2021
They are never guilty are they? Shavendra never committed war crimes, Gotabaya never ordered the killing of Lasantha, Yoshitha never got that poor ruggerite Thajudeen tortured and murdered, the Rajapaksa’s never fleeced the country, and none of their goons committed crimes.
We should be proud we have the most honest regime running this country. No wonder everything is running smoothly.
/
leelagemalli / May 22, 2021
For that purpose only they returned to power. Not a single tiny pledge is fullfilled since Gota aka NANDASINI became the president of the country.
:
Shameless men would have no shame to see in the eyes of those voters today. With lead monks that took the lead painting the picture in favour of Rajapakshes and their comeback are hidden under the beds today.
:
MACO aka Mahinda Deshapriya is being attacked not having done the due, regarding, the selection of the nominees. Wait and see, how would all these end up next days. I think… PEOPLE SHOULD WAKE UP FROM THEIR LONG SLUMBER…
Educated people, come forward and express your heart out…. if not today when, enough is enough !!!.
/
punchinilame / May 22, 2021
L.m .. “Educated people, come forward and express your heart out…. if not today when enough is enough !!!. “
I will repeat my most favoured comment viz. the future of Sri Lanka
depends on SB Intelligentsia – their life partners & Yellow Robes
they worship!
/
leelagemalli / May 24, 2021
https://www.youtube.com/watch?v=qdMs2Hbxl9o
–
Why people stay as if they are blind and deaf ?
/
Simon / May 22, 2021
LLM: That “MACO”, however much he shows to be the “Exemplary” Civil Servant, he, in my opinion, “Neglected” his duty in “Ignoring” the qualifying condition of the “Renouncement” of the US citizenship of the nominee of the SLPP. A day before the nominations, this was discussed (according to one of the Commissioners – Pro. Hoole). As reported, Pro. Hoole was told by MACO “Don’t worry. I will look after it”. In the end, MACO said: “The question of this citizenship is not my problem”. Remember, GR produced only a letter of confirmation of “Handing Over” of his US Passport with an expression to renounce the citizenship. There was no “Certification” of the renunciation of the citizenship as of the “DATE OF NOMINATION”. There is already a case pending in the courts against MACO. I think, Pro. Hoole will be a witness. Await to see more “DRAMAS”.
/
leelagemalli / May 23, 2021
Bro SIMON,
In a civilized country where law and order would work going by paragraphs…. MACO would not have right not to be arrested….. if he was not the responsible authority to check it… who ? Why Lawyers association and other bodies stayed mum ? All these men have something in common – sinhala newata genetics… even if their mums would have been raped and gunned down, many of them would not react against the injustice… now it is too late …. in the same time, I see, PINGUTHTHARA community behave as if they are no different to injected mice for lab experiments.
/
Raj-UK / May 22, 2021
Not surprised. The day any of the cronies are convicted for fraud & corruption, pigs will be flying.
Forget the massive corruption & abuse of power by the rich & powerful who are untouchable. Nobody thinks the home grown cure with divine intervention, even endorsed by the govt., is a fraud where gullible people paid money for an unproven syrup, nor the mismanagement of the vaccine by the health minister & the pandemic minister’s attempt to officially sell the vaccine, which is not only unethical but outrageous. Would any donor country approve profiting from donations?
Critics & honest officers are banged up or silenced, there is no justice or law & order. This is the sorry state SL is in now & the citizens have to accept it with more to come in the form of military suppression. It is the law of the jungle where the lions & tigers feast on the defenceless with hyenas gathering around for the leftovers.
/
Buddhist1 / May 22, 2021
What other judgement is there other than “Nidos Kota Nidahas” in this Rajapakse Family-Vyath Maga-Pohottuwa government!
/
cugan / May 22, 2021
This.was.expected anyway,now pull the.legs of investigators and.proseucaters and caged them.
/
Native Vedda / May 22, 2021
soman
–
Where are you?
/
soma / May 24, 2021
NV
Want to know my honest opinion.?
Here we are talking about the release of a businessman who happens to be a Rajapaksa acolyte and election financier but forget that he was framed for the same reasons – Rajapaksa acolyte and election financier.
He ran a legal business. Much scare was created that he maintained an illegal “avi gabadawak” – an arms storage. Courts cannot be faulted for discharging him.
The corruption lies in a different area.
At the beginning several naval officers turned businessmen competed for this lucrative business which was run by the navy. Gotabaya manipulated this be handed over to this guy.
In a hurry Yahapalana crooks charged this guy for gun running which in the face of law was a business found in other parts of the world as well. What should have been done was to appoint a commission to expose how he got the business. The businesses itself is not a case of illegal gun running.
Now my dear Native if a man snatched to necklace of a woman don’t charge him for sexual harrassment.
The law is blind. That this man also got a host of other businesses through shady connections is not a matter for the courts.
Feel uncomfortable? Me too.
–
Soma
/
soma / May 24, 2021
NV
Excuse the typo in the sentence “..if a man snatched….”
–
Soma
/
Simon / May 22, 2021
Never mind the “Acquittal”. Our “Peoples Prosecutor” – The Attorney General proved that “WE” the PEOPLE of Sri Lanka can find a record-breaking “7573” charges that could be framed as per our “Legal Enactments” and, yet those “Charged” could find a loophole to escape. Isn’t that a “Rare Find” to celebrate and have a “Street Festival” of “Kiribath”? “CONGRATULATIONS” and “THANK YOU” to the Judges who “UP-HELD” the “SANCTITY” of our “Legal System”. The “International Community” must consider Sri Lanka to be declared an “Example” to the rest of the world.
/
leelagemalli / May 22, 2021
Dear Simon,
Any updates from your Kadamandiya community ?
why the resistance against Chinese was that thinner this time ? May be people were not informed adequately, What happened to Thattamamalas…. why do they stay as if they similar to the crocodiles fed with clay ? What happened to so called Patriotism,.. which was overflowing prior to the Presidential election ?
/
Simon / May 23, 2021
My Dear LLM: My “Kadamandiya” sessions are on hold because everyone keeps their “Distance” with “Face Cover”, especially those of “6.9 Million”. In the meantime, with the spare time in hand, I am trying to learn “Mandarine” because better get ready to live in “CHI_LAM”.
/
Good Sense / May 22, 2021
Basically, everything in Sri Lanka is faulty, the hallmark of a failed state. However, if decide to caste aspersions on the bench, without clear cut evidence, to imply that it favored the accused, it can also be said that people were unfairly convicted due to biases and coercion of the bench citing the situation during the “Yahapalana” regime, a position highlighted by the PCOI on political victimization. We are then opening a can of worms, questioning the verdicts of the “Mirusuvil” slaughter and that of Premachandra murder. I did not have the benefit of reading the court verdict of this case (of course CT is quite capable of uploading it no time for the benefit of the reader) but judging from the contents of this article the whole thing was hinged on the authenticity of the license. In dealing fairly, is such a case strong?
/
soma / May 24, 2021
Hope Native Vedda will read above.
–
Soma
/
soma / May 24, 2021
Good sense
To my great surprise I find even some top notch legal luminaries are confused over “legal justice” and “moral justice”.
Nowhere this was more evident than in the case of Ranjan Ramanayaka.
Judges cannot be blamed for wrong law – there job is to interpret the EXISTING law and prescribe the medicine in the book based on the evidence presented before the courts , not what the judges hear through grapevine or their own moral compulsion.
–
Soma
/
Humble / May 23, 2021
Sri lanka is a totally rotten society to its core.
Politicians are a product of their environment. They are liars, thieves and murderers because
most sri lankan people are like that also. They just dont get the chance to do it on a big scale
at the top.
I have met people from across the world and only nigerians can be compared to sri lankans when it comes to that fraud loving mindset.
/